property is not waqf without solid evidence

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2788 OF 2022
(ARISING OUT OF SLP (CIVIL) NO. 16196 OF 2021)
WAQF BOARD, RAJASTHAN .....APPELLANT(S)
VERSUS
JINDAL SAW LIMITED & ORS. .....RESPONDENT(S)
W I T H
CIVIL APPEAL NO. 2789 OF 2022
(ARISING OUT OF SLP (CIVIL) NO. 17334 OF 2021)
J U D G M E N T
HEMANT GUPTA, J

https://main.sci.gov.in/supremecourt/2021/24259/24259_2021_11_1501_35406_Judgement_29-Apr-2022.pdf

16. We have heard learned counsel for the parties at length and find
no merit in the appeals. The Qalandari Masjid on Tiranga Hill as
per the document produced by the appellant is located on
Survey No. 931. There is no assertion that the Survey No. 931 is
changed as Survey No. 6731. In fact, the old number of Survey
3 The practice of ritual purification i.e., to wash face, hands, arms and feet before daily
prayer.
10
No. 6731 is 9646 or may be some other number but positively
not the survey number 931. Therefore, the claim of the
appellant is on a different portion of land and not the land leased
to the writ petitioner. There is discrepancy in the total area of the
Masjid in the two documents, i.e., the extract produced by the
appellant from the register and the second survey report. The
letter dated 17.4.2012 by the Anjuman Committee is based upon
hearsay and is not of any binding value.
17. Still further, there is no evidence at any given point of time that
the structure was being used as a mosque. There is no
allegation or proof of either of dedication or user or grant which
can be termed as a waqf within the meaning of the Act. Section
3 (r) of the Act reads thus:-
[(r) waqf means the permanent dedication by any
person, of any movable or immovable property for any
purpose recognised by the Muslim law as pious, religious
or charitable and includes
(i) a waqf by user but such waqf shall not cease to be a
waqf by reason only of the user having ceased
irrespective of the period of such cesser;
(ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by
any other name entered in a revenue record;
(iii) xxx xxx
18. The report of the experts is relevant only to the extent that the
structure has no archaeological or historical importance. In the
absence of any proof of dedication or user, a dilapidated wall or
a platform cannot be conferred a status of a religious place for
11
the purpose of offering prayers/Namaaz.
19. The stand of the State Government that they have identified it to
be a religious structure comprising in Khasra No. 6731 has not
been produced on record. There is nothing on record that such
decision if any, was arrived at after associating the writ
petitioner. It is always open to the State as lessor to exercise the
powers conferred in it by the lease deed after complying the
principles of natural justice and on good and sufficient grounds.
20. In view of the above, we do not find any merit in the present
appeals. Consequently, the appeals are dismissed.